Terms and Conditions

Terms & Conditions for Hire of Holiday Accommodation

These terms (Terms) (together with the Data Protection Policy and Booking Confirmation) tell you the terms on which the Agent takes bookings for properties listed on the Agent’s website from you on behalf of the Property Owner.

Please read these Terms carefully and make sure that you understand them before booking. By booking a property you agree to be bound by these Terms. You should print a copy of these Terms for future reference as the Terms form part of your legally binding contract. YOUR ATTENTION IS DRAWN TO CLAUSE 6 WHICH SETS OUT THE CANCELLATION CHARGES, CLAUSE 7 WHICH SETS OUT LIMITS ON LIABILITY AND CLAUSE 8 WHICH SETS OUT YOUR OBLIGATIONS.

1 Introduction

The following definitions apply in the Terms:

Agent: Harbour Holidays Limited, a company registered in England and Wales under Company Number 04991697 whose registered office is at 1 North Quay, Padstow, Cornwall, PL28 8AF;

Arrival Date: the first date of the Booking;

Balance: the total tariff of the Booking minus the Deposit;

Booking: the booking for the Property or Properties that the Agent is booking for you with the Property Owner on the dates specified in the booking request as confirmed in the Booking Confirmation;

Booking Confirmation: confirmation sent by the Agent (usually by email but may be by letter if you do not have an email address) confirming the Booking;

Contract: the contract for the Booking between you and the Property Owner comprised of the Terms, Data Protection Policy and Booking Confirmation;

Data Protection Policy: the policy on the Site;

Deposit: 20% of the total tariff for the Booking;

Party: includes you and any member of your party staying at the Property;

Property/Properties: properties owned by the Property Owners as displayed on the Site and in the Agent’s brochure;

Property Owner: the third party owners of the Properties;

Site: the websites http://www.harbourholidays.co.uk or http://www.padstow-self-catering.co.uk;

you/your: the person making and paying for the Booking of the Property or Properties as detailed in the Booking Confirmation;

Working Day: a day other than a Saturday when banks are open for business.

The Agent act as agents for the Property Owners. By Booking through the Agent you are entering into the Contract with the Property Owner not the Agent. The Agent does not have any contractual liability to you. Anything the Agent does under these Terms is on behalf of the Property Owner.

Nothing in the Terms affects your statutory rights. If you would like information about your legal rights you should contact your local Trading Standards or Citizens Advice Bureau.

2 Making a Booking

2.1 When you make a Booking through the Site or over the telephone you are making an offer to book the Property you have specified at the price stated for the Property from the Property Owner. At this stage there is not a binding contract between you and the Property Owner.

2.2 You must be at least 18 years old to make a Booking and agree to take responsibility for the Party.

2.3 In addition to the price payable for the Booking the Agent shall charge you a booking fee of £10.00 per Booking (Booking Fee) when you make the Booking. The Booking Fee is only refundable if the circumstance detailed in clause 4.1 or 4.2 apply.

2.4 To secure a Booking you must pay the Deposit and either (i) complete the booking form on the Site, or (ii) telephone the Agent and the Agent will complete the booking form on the Site for you. The Deposit may be taken from your credit or debit card or alternatively may be paid by cheque. If you fail to provide the Deposit within 24hours of making the Booking the Booking will be cancelled and the Property will be made available to other customers.

2.5 When you place a Booking by telephone you authorise the Agent to debit the credit, debit or other card you specify for the amount stated.

2.6 The Agent will send you the Booking Confirmation to confirm your Booking of the Property has been accepted and payment of the Deposit has been received. At the time the Booking Confirmation is sent by the Agent (which may be different to the time you receive it) the Contract (which is a legally binding contract) between you and the Property Owner will come into existence for the Booking.

2.7 Once the Booking Confirmation has been issued you become liable to the Property Owner for the Deposit (if not already paid) and the Balance. The Agent does not provide cancellation insurance and strongly advises you to obtain the same.

2.8 The Agent only takes Bookings from consumers to rent the Properties for domestic and private use. Bookings are not accepted for hen or stag parties or single sex parties.

2.9 The Agent has the right to ask you for a damage deposit at any time prior to the Arrival Date.

3 Price of the Properties

3.1 The Agent tries their best to display accurate and up to date prices on the Site. However, occasionally there are errors and the Agent cannot state the definite price until the Agent sends you the Booking Confirmation.

3.2 All prices shown are inclusive of VAT, if applicable, at the current rate.

3.3 When you place a Booking by telephone you authorise the Agent to debit the credit, debit or other card you specify for the amount stated.

3.4 Prices listed on the Site include charges for electricity, gas and fuel at the Property unless expressly stated on the Site that they are excluded.

4 Availability and Booking Alterations

4.1 The availability of Properties is as shown on the Site. The Agent will try to ensure that the availability of the Properties is updated frequently but unfortunately some errors might still occur. If there is a problem the Agent will make reasonable efforts to advise you within 3-5 Working Days of the Booking Confirmation being sent. The Agent reserves the right in this situation to cancel your Booking and refund all monies paid (including the Booking Fee) without any further liability to you.

4.2 The Agent or Property Owner may have to cancel or amend the Booking for reasons including but not limited to damage to the Property. If that occurs the Agent will advise you as soon as possible after the Booking Confirmation has been sent. The Agent may be able to offer you alternative accommodation but the Agent reserves the right to cancel your Booking and refund all monies paid by you (including the Booking Fee) without any further liability to you.

4.3 If you have paid by credit or debit card, the Agent will contact you to obtain the credit or debit card details that were used to make the Booking. The Agent will refund any monies due to you under this clause 4 to that card.

5 Payment

5.1 Following payment of the Deposit, the Balance must be paid to the Agent no later than six weeks before the Arrival Date.

5.2 If the Balance is not received within the time frame set out in clause 5.1, the Agent reserves the right to cancel your Booking and the Deposit will be retained.

5.3 If you are making a Booking within six weeks of the Arrival Date, the Agent will require payment of the Deposit and Balance at the time of the Booking.

6 Cancellation

6.1 If you cancel the Booking more than six weeks before the Arrival Date, you will receive a full refund of the Balance. Your Deposit and Booking Fee will not be refunded.

6.2 If you cancel less than six weeks before the Arrival Date, the Agent will retain the Deposit (including any balance of the deposit due) and Booking Fee. The Agent will also charge you a percentage of the Balance. This charge will be calculated on a daily basis with 0% of the Balance being retained more than six weeks before the Arrival Date and 100% of the Balance being retained 14 days or less before the Arrival Date.

6.3 To cancel a Booking you must inform the Agent in writing or by email to the address/email address set out in clause 1.2. Communications made to any other address or by any other means shall not be valid to cancel the Booking.

6.4 If you cancel a Booking in accordance with clause 6.3 above, the Agent will process the refund due to you as soon as possible and no later than 30 Working Days from the date on which you give notice of the cancellation, provided the Agent has been able to obtain your credit/debit card details.

6.5 The Agent shall charge an admin fee of £50.00 if you cancel the Booking (AdminFee). The Admin Fee shall be deducted from any Balance due to be refunded to you. If there is no Balance to return the Agent will invoice you for the Admin Fee.

7 Limits on Liability

7.1 Notwithstanding the Contract is between you and the Property Owner, the Agent will not be liable for any act, neglect, omission and/or default on the part of the Property Owner or any other person not within the Agent’s employment or control, nor for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which you or any other person may suffer or incur arising out of, or in any way connected with the Booking unless the Agent is responsible.

7.2 You agree not to use the Property for any commercial or business purposes and the Agent and Property Owner have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3 Nothing in these Terms excludes or limits the liability of the Agent and/or the Property Owner for:

7.3.1 death or personal injury caused by the Agent or Property Owner’s (as applicable) negligence;

7.3.2 fraud or fraudulent misrepresentation;

7.3.3 any other matter for which it would be illegal to exclude or attempt to exclude liability.

8 Your Obligations

8.1 During your stay at the Property, you agree that you will:

8.1.1 be responsible for the supervision of children and animals in the Party;

8.1.2 ensure that the Party does not smoke in the Property. If any member of the Party smokes in the Property you will be liable to pay an additional cleaning charge;

8.1.3 be responsible for the safekeeping of your items and possessions;

8.1.4 leave the Property in a decent clean condition on departure and ensure that the Property is secure, locking all doors and windows;

8.1.5 report to the Agent any damage to the Property, fixtures and fittings or furnishings however caused by contacting the Agent on the number set out in clause 1.2 or on the out of hours number. The out of hours number is set out in the booklet at the Property, included in your welcome email and welcome text message and on the Agent’s office door;

8.1.6 notify the Agent immediately if you find any items that have been left by others at the Property;

8.1.7 not allow any persons to stay at the Property other than your Party without the Agent’s prior written permission;

8.1.8 not take pets to the Property without the Agent’s prior knowledge and consent. If permission is granted you agree to pay an additional charge as detailed on the Site and agree pets must be kept off furniture and out of bedrooms, may not “mess” in the garden and all pet hair must be cleared up;

8.1.9 not allow any tents, caravans or any similar structure to be pitched at the Property;

8.1.10 allow access to the Property by the Agent, the Property Owner and/or any authorised third party agents or contractors, without prior notice, in an emergency or on reasonable notice in any other event; and

8.1.11 take care when applying fake tan products. In particular but not limited to ensuring no products soil or otherwise damage the bedlinen, towels and furniture. You will be liable for the costs of replacing any soiled or damaged items in accordance with clause 8.7.

8.2 If you take a pet into the Property without the Agent’s prior consent the Agent shall terminate the Contract immediately on the Property Owner’s behalf and the Party will have to leave the Property immediately. No refund shall be due to you in these circumstances and clauses 8.7 and 8.8 shall apply.

8.3 The Property is available from 3pm on the Arrival Date and you must depart by 10am unless it has been stated otherwise in the brochure, on the Site or by the Agent in writing.

8.4 The Agent will have the right on behalf of the Property Owner to terminate the Contract immediately during your stay at the Property if the Party causes damage to the Property or nuisance to any third party. No refund shall be due to you in these circumstances and clauses 8.7 and 8.8 shall apply.

8.5 If, on your arrival at the Property, you notice that there is any damage to the Property or it has not been adequately cleaned, you must contact the Agent immediately. If you fail to do so, any damage to the Property will be assumed to have been caused by you during your stay and you will be responsible for the full cost of repair.

8.6 The Agent will not be responsible for any items of personal property that is left at the Property. If the Agent recovers any items left at the Property, the Agent will return the item to you provided you have paid the postage and packaging fee in advance which the Agent will notify you of.

8.7 You agree to pay for any damage the Party causes to the Property including the contents of the Property (excluding reasonable wear and tear). You agree the Agent has the right on behalf of the Property Owner to invoice you for the full costs incurred in rectifying any damage caused by the Party. The Agent shall be entitled to recover any such costs by way of a debt.

8.8 Should any damage caused by the Party to the Property result in a cancellation of a future booking you shall be held liable for losses incurred by the Agent and the Property Owner due to any cancelled future bookings. The Agent shall be entitled to recover any such costs by way of a debt.

9 Breakdown and Complaints

9.1 If there is any defect or problem with the Property, please:

9.1.1 inform the Agent as soon as reasonably possible; and

9.1.2 allow the Agent a reasonable opportunity to repair or fix any defect or to discuss the problem with you.

9.2 The Agent will use every effort to fix the problem or to make some arrangement with you within 24 hours (from receipt of notification there is a problem) where the defect might affect your basic needs and within 48 hours (from receipt of notification there is a problem) in all other circumstances.

9.3 If you make a complaint after your stay at the Property and did not notify the Agent of any problems that you were suffering, the Agent will not be able to deal with the complaint adequately as it may be the case that the next customer is occupying the Property. In those circumstances, it will be your responsibility to provide evidence of any of the problems that you encountered during your stay.

10 Notices and Communications

10.1 All notices given by you to the Agent must be given to writing to the address or email address set out in clause 1.2.

10.2 The Agent may give notice to you at either the email or postal address you provide to the Agent when making a Booking.

10.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

11 Transfer of Rights

You may only transfer your rights under the Contract if the Property Owner agrees to this in writing.

12 Events outside of anyone’s control

The Agent and Property Owner shall have no liability to you for any failure in respect of the Booking or for any damage or defects that is caused by any event or circumstance beyond the Agents and/or Property Owner’s reasonable control including, without limitation, any disturbance that is caused from neighbouring properties, building works, local attractions (such as village parades or fair), strikes, internet access, lock outs and other industrial disputes, a breakdown of systems or network access, flood, fire, explosion or accident.

13 Invalidity

If any part of the Contract is unenforceable the enforceability of any other part of the Contract will not be affected.

14 Third Party Rights

Except for the Agent a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.

15 Governing Law

The Contract shall be governed by the laws of England and Wales and the English courts shall have non-exclusive jurisdiction to resolve any disputes relating to the Contract.

16 Entire Agreement

The Contract sets out the whole agreement relating to the Booking of the Property. Nothing said by any salesperson on the Agent’s behalf should be understood as a variation of the Contract or as an authorised representation about the nature or quality of the Property.

17 Amendments To The Terms

17.1 The Agent has the right to amend the Terms:

17.1.1 in order to comply with changes in law or for regulatory reasons; or

17.1.2 to correct any errors or omissions as long as the correction is minor and does not materially affect your rights and obligations.

17.2 The Agent will give you 30 days’ prior notice of any amendment to the Terms.

18 Data Protection

18.1 The Property Owner and the Agent will only use any personal information provided by you for the purposes of making available and managing the Property and to inform you of the availability of similar services. The Property Owner and the Agent will only use any personal information provided by you if you have provided your consent to the same on the booking form.

18.2 You can correct any information or ask for information about you to be deleted by giving written notice to the Agent as set out in clause 1.2.